LOUISVILLE, Ky. (WDRB) -- The judge presiding over Brooks Houck's murder trial will stay on the case.

Last month, Houck's attorneys asked the high court to remove Judge Charles Simms III, arguing his "impartiality might reasonably be questioned from the perspective of a reasonable observer who is informed of all the surrounding facts and circumstances." The chief justice of the Kentucky Supreme Court sent the motion to remove Simms from the Houck case back to Simms to decide whether he believes he should be removed.

Simms decided to not recuse himself from the case, and the Kentucky Supreme Court denied Houck's appeal to have the Nelson County judge disqualified.

Houck's attorneys have argued that Simms showed bias against Houck during a family court case and in allowing his bond to remain at $10 million in the alleged murder of Crystal Rogers. In 2017, Crystal Maupin, Houck's current and longtime girlfriend, was fighting for custody of a child she had before meeting Houck.

The defense cited a Family Court order from Simms, in which he said, in part, that "... this court is simply astonished that (Crystal Maupin) would want a relationship with (Brooks Houck) who is the prime suspect in the disappearance and presumed death of his previous girlfriend."

Simms said the defense's motion is "premised on one sentence" from Maupin's nine-page custody and time-sharing order.

Houck was identified as the primary suspect in the Rogers case days after she went missing July 2015. He now faces charges of murder and tampering with physical evidence after being indicted by a Nelson County grand jury Sept. 20.

Houck remains in jail on a $10 million cash bond.

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